Additional Liabilities Of The Employed Based On Number Of The Employees
A- LIABILITIES OF THE EMPLOYERS THAT EMPLOY 20 TO 30 EMPLOYEES
1. Liability of Employing Occupational Safety Specialist
It is obligatory for all workplaces that are classified in “Dangerous” and “Very Dangerous” Classes and employ less than 50 employees to employ an occupational safety specialist as of 1 January 2014. It is obligatory for all workplaces that are classified in “Less Dangerous” Class and employ less than 50 employees to employ an occupational safety specialist as of 1 July 2016. In case the employer fails to fulfill liability of employing occupational safety specialist, the administrative fine in 2019 is as follows: if in less dangerous class (with a raise of 50%) TRY 14,361.00, if in dangerous class (with a raise of 100%) TRY 19,148.00, if in very dangerous class (with a raise of 200%) TRY 28,722.00.
2. Liability for One Month prior Notice for Collective Discharge of Employees
In accordance with article 29 of Law Nr.4857, in case termination of labor contract of 10 employees in the workplaces that employ 20 to 100 employees or 10% of the employees in the workplaces that employ 101 to 300 employees or 30 employees in the workplaces that employ more than 301 employees within one month period by the employer as collectively pursuant to article 17 of Law Nr. 17or on different dates, the employer shall be obliged to send a notice in writing to Directorate of Is-Kur and related Regional Directorate of Ministry of Labor and Social Security 30 days prior to the termination date.
B- LIABILITIES OF THE EMPLOYERS THAT EMPLOY 30 TO 50 EMPLOYEES
1- Making Benefit of Occupational Security (In addition to above-mentioned liability of sending one month prior notice for Collective Employee Discharge and employment of Occupational Safety Specialist in workplaces with 30 and more employees)
If number of the employees employed in the workplace is more than 30 and seniority of such employees is more than 6 months, they can make benefit of occupational security provisions set forth in Law Nr. 4857. It is necessary to consider number of the employees in all workplaces in the same business field of the employer in calculation of 30 employees, which is necessary to make benefit of occupational security and to consider the times spent in all workplaces of the same employee for calculation of 6month seniority of the employees.
In such case for instance; all the workers employed in all workplaces of A A.Ş. carrying out textile activities in Istanbul, Ankara and Adana should be considered in terms of occupational safety.
C- LIABILITIES OF THE EMPLOYERS THAT EMPLOY MORE THAN 50 EMPLOYEES
1. Employment Liability for Disabled and Ex-Con Employees (In addition to abovementioned liability of sending one month prior notice for Collective Employee Discharge and employment of Occupational Safety Specialist in workplaces with 50 and more employees)
In accordance with Article 30 of Labor Law Nr. 4857, it is obligatory for the private sector workplaces employing 50 and more employees to employ disabled employees at a rate of 3%. The number of the employees employed by the same employer within the borders of the same province is taken into consideration for determination of the number of employees. Pursuant to Article 101 of Labor Law Nr. 4857; if the employer is obliged to employ disabled employees but fails to do the same, an administrative fine equal to monthly TRY 3,251.00 shall be imposed to the employer for each nonemployed disabled employee.
2. Liability for Employment of Occupational Physician and Occupational Safety Specialist
It is obligatory for all workplaces that are classified in less dangerous and very dangerous classes and employ more than 50 employees to employ an occupational safety specialist, an occupational physician and other healthcare personnel as of 30.12.2013. In case the employer fails to fulfill liability of employing occupational safety specialist and occupational physician, the administrative fine in 2019 is as follows: if in less dangerous class (with a raise of 50%) TRY 14,361.00, if in dangerous class (with a raise of 100%) TRY 19,148.00, if in very dangerous class (with a raise of 200%) TRY 28,722.00.
3. Liability of Creating Occupational Health and Safety Committee
In accordance with Article 22 of Law Nr. 6331, in workplaces where more than 50 employees are employed and where any works continues more than six months without interruption, the employee shall be obliged to create an Occupational Health and Safety Committee. In case the employer fails to fulfill liability of creating occupational health and safety committee in the workplaces where more than 50 employees are employed and where any works continues more than six months without interruption, the administrative fine in 2019 is as follows; if in less dangerous class (with a raise of 50%) TRY 5,737.00, if in dangerous class (with a raise of 100%) TRY 7,650.00, if in very dangerous class (with a raise of 200%) TRY 11,475.00.
4. Liability of Issuance of “Major Accident Prevention Policy” or “Safety Report”
In accordance with Article 29 of Occupational Health and Safety Law Nr. 6331, the workplaces where major industrial accidents may happen shall be liable to issue “major accident prevention policy” or “safety report” before commencement of operation depending on size of the workplace. In case it is detected that liability of issuing “Major accident prevention policy document” or “Safety Report” is violated, a sanction of stoppage of the entire work may be imposed.
Atty. Abide Gülel Birsen
Apr. Atty. Tuğçe Akıl
Yazar : Gulel Hukuk